DeAndrade v Trans Union, LLC, 07-1844-01A

In this case, the Circuit court affirms SJ for TU based on a finding
that the consumer must establish the "factualy inaccuracy" of the
information reported before asserting a 1681i claim. In this case, the
debtors had filed an action in state court to invalidate a home
improvement loan secured by a second mortgage on their home. The state
action was pending when they sent the disptue to TU and requested a
reinvestigation. TU argued that the FCRA was an impermissible attack on
the validity of the Key Bank loan through the FCRA and this fact
persuaded the Magistrate Judge, the District Court Judge and the First
Circuit. The Circuit Court also adopted the position that the consumer
must in fact establish the "lack of accuracy or completeness" of any
item in order to maintain a 1681i claim.

Date of opinion: 4/15/08